Skip to main content
3 votes
Accepted

Utility vs Design Patent as fast mean to secure IP rights

A US design patent is less expensive and much quicker than a typical US utility patent. The European counterpart (Community Design Registration) is easier and faster and with no examination. However ...
George White's user avatar
  • 29.2k
3 votes

Can a patent make you stop selling your product?

Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent ...
George White's user avatar
  • 29.2k
3 votes

Can a patent make you stop selling your product?

Simply put, yes. A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps ...
Ben Kleinman's user avatar
2 votes
Accepted

Can an improvement be made on a patent and then made in the public domain?

You question is a bit confusing, but I'll try to answer my interpretation. If you make an improvement to an existing patented device, you could potentially obtain a patent on the improvement, but if ...
Eric S's user avatar
  • 11.4k
2 votes
Accepted

Is there a cheaper patent for low income applicants?

Sort of, but only in the US (as far as I know). You can file an application with micro entity status, which means most of the official fees are 75% less than the usual rate. This has some pretty ...
Maca's user avatar
  • 6,188
2 votes

Contact the supervisory patent examiner (SPE)

Normally SPEs do not examine patent applications but are examined by PEs/AEs. PEs/AEs apprise, consult respective SPE and office action intimation are issued as suggested or advised by SPE. Your ...
AD Adhikary's user avatar
  • 1,072
2 votes

USA Citing a patent that is european

The benefit to the applicant, if it is a U.S. application, is otherwise any patent you get might later be torn up for violating your duty of disclosure whatever you know about significant prior art. ...
George White's user avatar
  • 29.2k
2 votes
Accepted

Invention that has no useful purpose on its own

You can possibly patent X as being useful to combine with Y and visa versa. The "useful" criteria is a very low bar as long as you are not talking about something that might be seen as ...
George White's user avatar
  • 29.2k
2 votes

Stealing parts of an invention

If the manufacturer of one or both components markets either or both of these components as able to be assembled to comprise the patented innovation, the patent holder can sue that manufacturer for ...
Andreas ZUERCHER's user avatar
1 vote

Does use of an invention at one location by members of an organization constitute "public use?"

Have the employees been told to keep it confidential and only use it out of sight of outsiders? If not, it is public use. Some particular public use is ok (in the U.S.) It might qualify as ...
George White's user avatar
  • 29.2k
1 vote
Accepted

Stealing parts of an invention

If you patent the combination of the two items and others sell a a part with no general use other than to be combined with something else then they are probably indirect infringement. Especially if ...
George White's user avatar
  • 29.2k
1 vote

Invention that has no useful purpose on its own

It is a fundamental requirement (at least in the US) that a patented process or device be useful. So if the part truly has “no useful purpose” than the answer is the part is unpatentable by itself. ...
Eric S's user avatar
  • 11.4k
1 vote
Accepted

How to sell or license out your invention before your patent is approved?

Licensing questions are generally off topic. That said, you can absolutely try to sell or market your invention while the patent is pending. This is done all the time. Patents go to the first to file ...
Eric S's user avatar
  • 11.4k
1 vote
Accepted

USA Citing a patent that is european

By citing another patent in your application, you are making the patent examiner aware of relevant prior art. In no way do you obtain a claim on the cited patent's claims. Indeed, you are going to ...
Eric S's user avatar
  • 11.4k
1 vote

Provisional vs non-provisonal utility patent?

If "protection" means you have the right to exclude others from making, selling, importing, using, etc., then you have no protection until a patent issues. That might take a couple of years ...
George White's user avatar
  • 29.2k
1 vote

Provisional vs non-provisonal utility patent?

There is no such thing as a provisional patent. There are only provisional applications which will never be examined or granted as a patent. The point of a provisional application is to establish a ...
Eric S's user avatar
  • 11.4k
1 vote

What are the absolute minimum theoretical requirements for a provisional patent application?

The detailed description doesn't need to be particularly detailed however I have seen a case where a filing date was retracted on a provisional application (that would remove the ability to use the ...
George White's user avatar
  • 29.2k
1 vote

What are the absolute minimum theoretical requirements for a provisional patent application?

In Australia all you need to file a provisional patent application is a title, an inventor name and a description of the invention. You don't even need claims. But the problem with doing that is some ...
Nicole Murdoch's user avatar
1 vote
Accepted

Contact the supervisory patent examiner (SPE)

From your question it looks like it has come off a queue and been assigned to an art unit. The SPE is the manager of the art unit and has the job to assign the examination to someone in that unit. ...
George White's user avatar
  • 29.2k
1 vote
Accepted

Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

I often write claims that might cover essentially the same thing but in different language. It is some protection from a court that might misconstrue some word or wording in one of the claims. ...
George White's user avatar
  • 29.2k
1 vote

Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

I'm not a lawyer but I've worked with several on my patents. There is a lot of art in drafting claims and I don't think this is a particularly new phenomenon. Claim 1 and 8 are not identical. In ...
Eric S's user avatar
  • 11.4k
1 vote

Remove Diagram from filing

In the US, it is permissible to remove information from the patent and still preserve the priority claim. Many nonprovisional applications will include a statement at the beginning that the ...
jdpatent's user avatar
  • 237
1 vote

Which patent is right?

The answer is maybe both. Design patents cover the ornamental design of functional objects. If you want to protect the look of the packaging then a design patent is a good way of doing it. Utility ...
Eric S's user avatar
  • 11.4k
1 vote

Design and Utility Patent for Same Invention, Ex Parte Quayle

MPEP 1502 sets forth the differences between the requirements for patentability of a utility patent application and a design patent application. In general terms, a “utility patent” protects the ...
Patent Pending Guide's user avatar

Only top scored, non community-wiki answers of a minimum length are eligible